Did you know?
Since 2004, you have to provide legal information when publishing a French website, whether professional or not. This is also mandatory in Germany, and an ‘imprint’ page must always be created.
Unfortunately, these are elements that are (too) often neglected or even completely hidden.
However, this is a French legal obligation that can lead to fines of up to 375,000 euros if not complied with.
What is the purpose of legal notices?
The main purpose of legal notices is to protect the user of a website and to enable them to contact the site publisher easily in the event of a dispute or access to their data. They are compulsory for all types of website, whether it is an association or company website, an e-commerce platform, a discussion forum or even a personal blog.
This information is generally grouped together on a dedicated page, accessible via the footer of the site. Offering this type of page on your company website is also a sign of professionalism and transparency. It helps to reinforce your brand image and the trust of Internet users, and underlines your credibility.
What information must be provided?
La loi du 21 juin 2004 pour la confiance dans l’économie numérique définit clairement les obligations des éditeurs de site web pour les informations à faire figurer sur un site web.
The French law of 21 June 2004 on confidence in the digital economy clearly defines the obligations of website publishers with regard to the information contained on a website.
For companies:
The name or company name
Address of the head office
E-mail and telephone number
The name of the publication director and/or editorial director
Social capital
The SIRET or RCS and the intra-community VAT identification number
Contact details of the site operator (name, surname or company name, address and telephone number)
For sole traders:
Name
First name
Home address
Phone number
Special cases:
For a craft business, indicate the trade register number (RM) instead of the RCS number.
For regulated professions (accountants, lawyers, estate agents, etc.), also include references to the applicable professional rules and the professional title.
For an eCommerce site, you should also include the general terms and conditions of sale (GTCS): price (expressed in euros and including VAT), delivery costs and date, payment methods, after-sales service, right of withdrawal, duration of the offer.
Cookies
As a professional, you probably monitor the performance of your website using Google Analytics or another reporting platform. To do this, your site will use cookies. Here too, it is essential to inform Internet users of the purpose of cookies and how long they are activated.
To inform users of the presence of cookies and obtain their consent, your site should include an information banner that is displayed when they first log on. This will allow users to accept or refuse the use of cookies.
CNIL and RGPD
Before 2018, if your website collected personal data (email, name, date of birth, etc.), you had to make a declaration to the CNIL. Since the RGPD came into force, this declaration is no longer necessary. A number of specific elements will need to appear on your site (see list).
You will also need to update the forms (contact, registration, subscription, etc.) on your website and add an ‘opt-in’ box to be ticked to collect the consent of Internet users. At the very least, your forms should include the following statement:
In accordance with the French Data Protection Act of 6 January 1978, amended in 2004, you have the right to access and rectify information concerning you, which you may exercise by contacting...
Penalties for non-compliance
Failure to include legal notices on your website exposes you to considerable penalties and fines. Individuals are liable to a fine of €75,000 and one year's imprisonment, while legal entities are liable to a fine of €375,000 and a ban on directly or indirectly carrying on various professional activities.
Legal notice generators
If you run an eCommerce site or offer paid subscriptions via your website, we strongly recommend that you call on the services of a specialist lawyer, who can also help you draw up your GTCs.
For simpler, showcase websites, there are free turnkey legal notice generators to help and guide you:
If you're looking for a specialist lawyer or simply want to redesign your website, give us a call!
We're always happy to help and share web marketing best practice with you.
EyeOnline agency Web marketing & operational marketing in France